California Official Reports: Electronic Advance Sheet - Court Opinions For Monday, March 25, 2013

California Official Reports: Electronic Advance Sheet - Court Opinions For Monday, March 25, 2013

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The CA e-Advance provides a business daily e-mail service to keep you updated and to provide online links to:

  • Index of new California opinions
  • Index of actions without opinion

Index of new California opinions:

1. People v. Wilkins, S190713, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1507 Shepardize , March 7, 2013, Filed

CORE TERMS: felony, felony-murder, burglary, temporary, robbery, felony murder, killing, perpetrator, truck, continuous transaction ...

2. Bourhis v. Lord, S199887, S199889, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1502 Shepardize , March 4, 2013, Filed

CORE TERMS: revival, corporate powers, notices of appeal, suspended, suspension, reinstatement, notice of appeal, invalid, pay taxes, validate ...

3. In re Vicks, S194129, SUPREME COURT OF CALIFORNIA, 2013 Cal. LEXIS 1501 Shepardize , March 4, 2013, Filed

CORE TERMS: parole, prisoner's, Marsy's Law, suitability, suitable, inmate's, deferral, incarceration, parole hearing, ex post facto ...

4. People v. Mecano, B233401, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 224 Shepardize , March 22, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of parts II, III, IV and V of the Discussion.

CORE TERMS: act of prostitution, solicitation, sex, driver, cab, station, prostitution, shower, taxi, prostitute ...

5. People v. Vallejo, No. B232609, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION SIX, 2013 Cal. App. LEXIS 223 Shepardize , March 21, 2013, Opinion Filed

CORE TERMS: juror, misconduct, self-defense, firearm, shooting, shot, readback, sentence, enhancement, prosecutor ...

6. Tomatoes Extraordinaire, Inc. v. Berkley, D059971, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 177 Shepardize , March 8, 2013, Opinion Filed

CORE TERMS: dealer, retailer, quantity, 'wholesale, jobbing, buyer's, perishable, agricultural commodities, invoice, buying ...

7. Vivian v. Labrucherie, A133167, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 172 Shepardize , March 7, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts 1., 3., and 4. of the Discussion.

CORE TERMS: cause of action, breach of contract, litigation privilege, settlement agreement, protected activity, internal affairs, prevailing, prong, right of petition, constitutional rights ...

8. Zamora v. Lehman, B237984, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 169 Shepardize , March 7, 2013, Opinion Filed

CORE TERMS: notice, statute of limitations, notice provision, contractual, breach of fiduciary duty, limitations period, employment agreement, arbitration, "waived, cause of action ...

9. J.A. v. Superior Court, C072117, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 173 Shepardize , March 7, 2013, Opinion Filed

CORE TERMS: reunification services, half siblings, sibling's, juvenile, guardian, "'termination, dependency, reunify, disposition hearing, recommended ...

10. People v. Hendrix, C064377, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 171 Shepardize , March 7, 2013, Opinion Filed

CORE TERMS: police officers, probative value, security guard, pepper, similarity, prosecutor, crimes evidence, spray, postarrest, arrived ...

11. In re Marcos B., G046268, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 175 Shepardize , March 7, 2013, Opinion Filed

CORE TERMS: surveillance location, in camera, claim of privilege, surveillance, prosecutor, obstruction, disclosure, privileged, cocaine, buyer ...

12. People v. Vega, B237354, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 174 Shepardize , March 7, 2013, Opinion Filed, As modified Mar. 12, 2013., CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, parts I., II., III., B.1., 2.a.-b. and IV. are certified for publication., Modified by People v. Vega, 2013 Cal. App. LEXIS 184 Shepardize (Cal. App. 2d Dist., Mar. 12, 2013)

CORE TERMS: gang, enhancement, bodily injury, sentence, firearm use, gang member, firearm, rival, felony, violent felony ...

13. People v. Wooten, C067180, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 167 Shepardize , March 6, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of part II of the Discussion.

CORE TERMS: enhancement, bodily injury, assault, sentence enhancements, criminal acts, substantive offense, single victim, multiple punishments, sex, indivisible ...

14. Borikas v. Alameda Unified School Dist., A129295, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 168 Shepardize , March 6, 2013, Opinion Filed

CORE TERMS: special taxes, exemption, school districts, classification, uniformly", real property, senior, parcel, definitional, taxation ...

15. Garrett v. Howmedica Osteonics Corp., B234368, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 179 Shepardize , March 6, 2013, Opinion Filed

CORE TERMS: prosthesis, implanted, products liability, design defects, medical devices, declaration, summary judgment, prescription drugs, manufacturing defects, manufacturer's ...

16. Conservatorship of Gregory D., B237896, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 164 Shepardize , March 5, 2013, Opinion Filed

CORE TERMS: aggrieved, conservatorship, conservatee, conservator, standing to appeal, weekend, injuriously affected, jurisdictional, appointed, appointment ...

17. People v. Andreasen, D060039, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 162 Shepardize , March 5, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION** Pursuant to California Rules of Court, rule 8.1110, this opinion is certified for publication with the exception of Discussion parts I.A., B., II.A., and III.

CORE TERMS: conversation, felony-murder, felony, special circumstance, murder, casual, routine, killing, sanity, interrogation ...

18. People v. Lockwood, C067377, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 161 Shepardize , March 5, 2013, Opinion Filed

CORE TERMS: restitution, criminal conduct, rebut, hospitalization, direct result, harmless, sealed, amount of restitution, burden of proof, declaration ...

19. People v. Powell, G046265, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 163 Shepardize , March 5, 2013, Opinion Filed

CORE TERMS: theft, false pretense, robbery, lesser, offense of robbery, larceny, sister, van", lesser offense, accusatory pleading ...

20. Gore v. Reisig, C068756, COURT OF APPEAL OF CALIFORNIA, THIRD APPELLATE DISTRICT, 2013 Cal. App. LEXIS 150 Shepardize , February 28, 2013, Opinion Filed

CORE TERMS: peace officer, retired, honorably, retirement, identification, certificate, concealed, resigned, retirement age, investigator ...

21. Soco West, Inc. v. California Environmental Protection Agency, G046549, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 151 Shepardize , February 28, 2013, Opinion Filed

CORE TERMS: responsible party, cleanup, corrective action, site, remedies available, hazardous waste, oversight, "enrolled, closure, environmental ...

22. GuideOne Mutual Ins. Co. v. Utica National Ins. Group, D059833, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 148 Shepardize , February 28, 2013, Opinion Filed

CORE TERMS: coverage, umbrella policies, insured, vicariously liable, insurer, tortfeasor, umbrella, equitable, primary policy, policies covering ...

23. In re Madison T., D062952, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 149 Shepardize , February 28, 2013, Opinion Filed

CORE TERMS: social worker, hearsay, message, substance abuse, dispositional, placement, juvenile, foster, relevant evidence, dispositional hearing ...

24. People v. Gipson, B241551, COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT, DIVISION TWO, 2013 Cal. App. LEXIS 152 Shepardize , February 28, 2013, Opinion Filed

CORE TERMS: probation, sentence, sentenced, state prison, suspended, Realignment Act, imposed sentences, imposition of sentence, gang members, revocation ...

25. People v. Ellis, A133343, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION FIVE, 2013 Cal. App. LEXIS 155 Shepardize , February 28, 2013, Opinion Filed, CERTIFIED FOR PARTIAL PUBLICATION ** Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts II.B. and C.

CORE TERMS: photograph, "testimonial", apartment, hearsay, laboratory, primary purpose, authenticated, out-of-court, formality, girl ...

26. Southern California Cement Masons Joint Apprenticeship Committee v. California Apprenticeship Council, A132892, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 154 Shepardize , February 28, 2013, Opinion Filed

CORE TERMS: apprentice, apprenticeship, contractor, public works, dispatch, training, wage law, prevailing, cement, works site ...

27. MinCal Consumer Law Group v. Carlsbad Police Dept., D060415, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION ONE, 2013 Cal. App. LEXIS 170 Shepardize , February 13, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 7, 2013.

CORE TERMS: disclosure, writ petition, time limit, jurisdictional, public records, writ of mandate, writ review, notice, log, exclusive means ...

28. People v. Perez, G046032, COURT OF APPEAL OF CALIFORNIA, FOURTH APPELLATE DISTRICT, DIVISION THREE, 2013 Cal. App. LEXIS 159 Shepardize , February 4, 2013, Opinion Filed, The Publication Status of this Document has been Changed by the Court from Unpublished to Published March 4, 2013.

CORE TERMS: sentence, lewd act, years old, juvenile offender, parole, adult, prison, murder, life expectancy, saber ...

Index of actions without opinion

1. Khazan v. Braynin, A128536, COURT OF APPEAL OF CALIFORNIA, FIRST APPELLATE DISTRICT, 2012 Cal. App. LEXIS 1343 Shepardize , June 28, 2012, Opinion Filed

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